Terms and Conditions of Sale
These Terms and Conditions of Sale are made by and between W Auction House, Inc. ( W Auction House, We, Our or Us) and Bidder (Purchaser, Buyer or Agent). The Terms and Conditions of Sale and all contents of the catalogue are subject to amendment by W Auction House either by the posting of notices or announcements made by auctioneer. By participating in any sale, Bidder hereby acknowledges to be bound by these terms and conditions.
1. On the fall of the Auctioneer's hammer, or upon the statement of sold, the highest bidder or authorized agent shall be deemed to have purchased the offered lot in accordance with all of the conditions set forth herein and will pay the purchase price in full plus buyers premium and any applicable taxes. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to us and the consignor by law, including but without limitation to the right to hold the Purchaser liable for the purchase price, we, at our option, may either:
i. cancel the sale, retaining as liquidated damages all payments made by the Purchaser, or
ii. resell the property on three (3) days notice to the Purchaser and for the account and risk of the Purchaser, either publicly or privately, and in such event the Purchaser shall be liable for the payment of any deficiency plus all costs and expenses of both sales, our commission at our regular rates, all other charges due and incidental damages.
2. We reserve the right to withdraw any property at any time before the actual sale. Unless otherwise announced by Auctioneer at the time of sale, all bids are per lot as numbered in the catalogue and no lot shall be divided for sale.
3. We reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the Auctioneer shall be the Purchaser. In the event of any dispute between bidders, or in the event the Auctioneer doubts the validity of any bid, the Auctioneer shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, our sales records shall be preeminent in all respects.
4. If we are prevented by fire, theft or any other reason whatsoever from delivery of any property to the Purchaser, our liability shall be limited to the sum actually paid by the Purchaser.
5. Where the consignor is indebted to us or has a monetary guarantee from us, and in certain other circumstances, we may have interest in the offered lots and the proceeds there from other than our commissions, and may bid to protect such interest. We are entitled to our standard commission rate where a lot is "bought-in" to protect our interest.
6. If a lot is offered subject to reserve (the confidential minimum price below which a lot will not be sold), we may implement such a reserve by bidding on behalf of the consignor. CONSIGNORS MAY NOT BID ON THEIR OWN PROPERTY.
7. All statements contained in the catalogue or in any bill of sale, invoice or elsewhere as to authorship, period, source, origin, measurement or condition are qualified statements and shall not be deemed to be representations or warranties. Please note:
i. These Terms and Conditions of Sale take precedence over any statements made to the contrary by the Auctioneer, staff or affiliates. If the Auctioneer warrants the quality or condition of a lot during or before the auction, that statement is not binding on the Auction House or the Buyer and the as is provisions of these Terms and Conditions take precedence.
ii. Notwithstanding the statement in paragraph 7, buyers have the right of rescission, PROVIDED that within 48 hours of their receipt of the property they inform us that the physical condition materially differs from the catalogue description, from a provided condition report or the catalogue description is inaccurate, TO OUR SATISFACTION. Buyers must return the property immediately and show clearly any differences or inaccuracies with the catalogue and the property must be received in the same condition as when it was sent.
iii. The content of the catalogue including text, photographs, digital images and designs are copyright protected and belong exclusively to W Auction House. Reproduction of any kind is not authorized without prior written consent.
These Terms and Conditions of Sale constitute the sole entire agreement between the Buyer and W Auction House, Inc. with respect to the subject matter hereof, and no representations, warranties, inducements, promises or agreements, oral or otherwise, not embodied or incorporated herein have been made concerning or in connection with this Agreement. Any prior discussions or negotiations, agreements, commitments and understandings relating hereto are superseded hereby and merged herein.
Shipping Terms
No property will be released until payment in full is made on the items. Packing, shipping and insurance (including reimbursement for damage or loss) of purchased lots is the responsibility of the Purchaser. W Auction House can provide in-house packing and shipping services at the Buyer's expense. Items will be shipped via UPS unless another carrier is specified. Please note: items that are large and/or heavy and/or need special packaging or shipping requirements, may have additional shipping costs and delays. If we cannot pack and ship your purchases, we can recommend packing/shipping through a third party carrier. We are not responsible for any delays on the part of this third party, should there be any. We recommend shipping all items insured. Insurance costs through third party carriers will be borne by the Purchaser and in case of damage, insurance claims should be taken up with the third party carrier. Should any damage or loss occur to items transported by a third party shipper, we will not be held responsible for the outcome. This reimbursement, of course, only covers the actual cost of the items shipped. Within approximately one week after the auction, W Auction House will advise Purchasers of recommended shipping methods or possible third party carriers. (Note: on occasion, quotes from some of the third party carriers may take additional time.)
Payment Terms
All items are to be paid for by:
Bank wire transfer, cashier's check, personal check with approved credit, cash or properly authorized Visa, MasterCard, or Discover Card.
Condition Terms
ALL PROPERTY IS SOLD "AS IS" AND NEITHER WE NOR THE CONSIGNOR MAKES ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS OR CONDITION OF THE PROPERTY OR AS TO THE CORRECTNESS OF DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR PERIOD OF THE PROPERTY. (See also paragraph 7ii.)
i. Please note that all Chinese scrolls are sold AS IS, with no guarantee as to authorship nor as to authenticity. It is the responsibility of the potential buyer to determine whether or not any of these scrolls might be original paintings, copies, etc. Unless specifically noted so in the description, neither scrolls nor Chinese paintings are warranted or guaranteed to be by any particular artist nor of any particular age. Condition reports are available when requested, but will only refer to the physical condition of the scroll or painting.
ii. Please note: The lot description translations in Chinese are not our translations and therefore may contain discrepancies with the English description. These translations are for informational use only and should not be used to determine age, condition, authenticity, etc. Please contact us for a detailed condition report in Chinese.
